Facts
The complainants were directed away from and prohibited from staying in a certain area (Perimeter A) by the city police of Bern based on Art. 29 lit. b of the Police Act of the Canton of Bern, because they consumed alcohol in a group and endangered public order and safety. The directive and prohibition to stay away were valid for a period of three months.
The complainants filed a complaint with the Administrative Court of the Canton of Bern, which dismissed the complaint. They then filed a constitutional complaint with the Federal Court.
The complainants argued that the directives and prohibition to stay away violated the Constitution, in particular human dignity, personal freedom, freedom of assembly, the prohibition of discrimination, and the prohibition of arbitrariness.
Considerations
Legal Basis: The directives and prohibition to stay away are based on Art. 29 lit. b of the Police Act of the Canton of Bern, which allows the police to temporarily direct persons away from or prohibit them from staying in a location if there is a justified suspicion that they endanger or disturb public safety and order.
Constitutionality of the Norm: The Federal Court examined whether the norm of Art. 29 lit. b PolG is constitutional. It came to the conclusion that the norm is sufficiently specific and meets the requirements of a statutory basis.
Application of the Norm: The Federal Court examined whether the application of the norm in this case was constitutional. It came to the conclusion that the directives and prohibition to stay away are justified by a public interest in ensuring public order and safety and comply with the principle of…